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Home My Public Portal About2009.12.23 Bus Shelter Easement - Alpine Village CompanyInstrument # 349074 VALLEY COUNTY, CASCADE, IDAHO 1-28-2010 03:34:29 No. of Pages: 6 Recorded for: CITY OF MCCALL ARCHIE N. BANBURY Fee: 0.00 Ex-Officio Recorder Deputy -- Index to: EASEMENT { PERMANENT PUBLIC EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into by and between ALPINE VILLAGE COMPANY, an Idaho corporation ("GRANTOR"), and the CITY OF McCALL, a municipal corporation of the State of Idaho, ("GRANTEE"). RECITALS Grantor is the owner of certain real property which is located in Valley County, Idaho, and which is more particularly described in the attached Exhibit A, which is incorporated herein by this reference and referred to hereafter as the "EASEMENT PROPERTY". Grantee supports and operates a passenger transportation service primarily benefiting persons within Valley County, Idaho. Grantee desires to construct a public transit bus shelter (the "BUS SHELTER") on the Easement Property. The parties hereto have reached agreement, the terms of which they desire to memorialize, whereby Grantor shall grant to Grantee a non-exclusive, permanent and perpetual easement to the Easement Property. AGREEMENT WHEREFORE, the parties do covenant, promise and agree as follows: 1. GRANT OF EASEMENT: Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive easement on and across the Easement for the purpose of constructing, operating, maintaining and replacing the Bus Shelter by Grantee or its agents or contractors. 2. CONDITIONS OF EASEMENT: a. The Easement and the Bus Shelter located thereon shall be solely used to support passenger transportation services that primarily benefits persons within Valley County in Idaho ("PERMITTED USE"). (i) Any change in the entity operating the aforementioned passenger transportation services or any change of the Permitted Use must be pre -approved by the Idaho Department of Transportation — Division of Public Transportation and shall conform to all applicable requirements associated with the Federal Transit Administration Section 5310 and 5311 Capital Programs. Notification of any proposed change in the entity operating the passenger transportation services PERMANENT PUBLIC EASEMENT AGREEMENT - 1 v11-20-09 or change in Permitted Use shall be provided in writing to the Idaho Transportation Department — Division of Public Transportation at least ninety (90) days prior to the desired date of change. Notification shall be sent to: Idaho Transportation Department — Division of Public Transportation, Attention Grant's Administration, P.O. Box 7129, Boise, ID 83707-1129. (ii) Any change of the Permitted Use to other than a public transportation service that primarily benefits persons within Valley County in Idaho must be pre -approved by Grantor. b. Grantor, and Grantor's successors and assigns, reserves the right to improve the Easement Property as long as such improvement shall not unreasonably interfere with the construction, operation, use, maintenance, repair and/or reconstruction of the Bus Shelter. C. Grantor agrees that Grantor and Grantor's agents or transferees will not build or place any new encroachment in the Easement Property which will unreasonably interfere with the rights of Grantee under this Permanent Public Easement. d. Grantee shall have the right to perform any maintenance that Grantee deems necessary or wishes to exercise in connection with the Bus Shelter including, but not limited to, the right to make necessary repairs, alterations, removals or replacements thereto; provided, that Grantee shall obtain the prior approval of Grantor prior to the initial construction of the Bus Shelter and prior to changing the exterior appearance of the Bus Shelter, including but not limited to changes in materials, design or color. e. Grantee hereby indemnifies, agrees to hold Grantor harmless regarding, and waives as to Grantor, any claims of any kind for damages, fees, costs, or relief of any kind, which may be asserted against Grantor by Grantee or the public regarding the maintenance, upkeep, safety or condition of the Bus Shelter or the Easement Property, save and except claims regarding the maintenance, upkeep, safety or condition of any improvements constructed by Grantor within the Easement Property. Grantor hereby indemnifies, agrees to hold Grantee harmless regarding, and waives as to Grantee, any claims of any kind for damages, fees, costs, or relief of any kind, which may be asserted against Grantee by Grantor or the public regarding the maintenance, upkeep, safety or condition of any improvements constructed by Grantor within the Easement Property or other acts or omissions of Grantor within the Easement Property. This indemnification, hold harmless and waiver shall bind both parties' successors and assigns. 3. COVENANT RUNNING WITH PROPERTY: The easement granted herein shall constitute a covenant appurtenant to, burdening and running with the Easement Property as the same is described herein. The provisions of this Agreement shall bind and inure to the benefit of the heirs, assigns and successors -in -interest of the parties hereto. 4. RECONVEYANCE OF EASEMENT: In the event that the Easement Property is not used as part of a public transportation system as herein described for a period in excess of PERMANENT PUBLIC EASEMENT AGREEMENT - 2 v11-20-09 one year, the following shall occur: (a) Grantee shall remove the Bus Shelter; and, (b) the Easement Property shall be returned to its prior condition; and, (c) Grantee shall quitclaim to Grantor all rights associated with the easement granted herein. S. RELOCATION OF EASEMENT: Grantor has obtained Final Plan approval from Grantee for a Planned Unit Development called Alpine Village which is located adjacent to the Easement Property. Grantor is in the process of completing Alpine Village and anticipates that it may need to move the location of the Easement Property. The parties agree that Grantor shall have the right to relocate the Easement Property to an alternate location along 3rd Street to be reasonably approved by Grantee, in which case this Easement shall be amended with a new Exhibit A. 6. ATTORNEYS FEES: In the event that any dispute arises regarding the legal consequence, interpretation, application or enforcement of this Agreement, then the prevailing party in such dispute shall be entitled to recover its attorneys fees and costs incurred, including attorneys fees and costs incurred on appeal. IN WITNESS WHEREOF, the parties have hereunto set their hand and seal this � day of CeOA -f , 2009. GRANTOR: ALPINE VILLAGE COMPANY, AllOF1®r Countyof GRANTEE: CITY OF McCALL BY ,. Mayor Attest:i F! City Clerk On this day of �� , 2009, before me, M. v '-t °K , a Notary Public in and for said State, personally appeared Michael B. Hormaechea, known or identified to me to be the President of Alpine Village Company, the Idaho Corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged tv r� " htaph corporation executed the same. (SEAL) Notary Public fqf daho %(P<.,�� ECG ` =0 Commission Expires: t B OF 0 PERMANENT PUBLIC EASEMENT AGREEMENT - 3 v11-20-09 STATE OF IDAHO ) :ss County of Valley ) ( nov'a U (11� ric-'i d ev) On this day of ,ll�.�.t , in the year.- , before me, �, �- C G[' i' 4'A , a Notary Public, personally appeared(Nof xb u & BessieJo Wagner the Mayor & City Clerk, respectively, of the CITY OF McCALL, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of McCall and were so authorized to do so. (SEAL) °®®y�aa�rcerr®res 140 ®` A ® • ® Z ® s A e d 0 ®®g OP lD N t47'\ Notary Public for Idaho Commission Expires: %Z- PERMANENT PUBLIC EASEMENT AGREEMENT - 4 v11-20-09 ll9R®nlLA1L D LAND SURVEYING-, INC. JOEL W. DROULARD, PRES. Professional Land &rveyor POST OFFICE BOX 69 MCCALL, IDAHO83638 TELEPHONE 208-634-7398 i FACSIMILE 208.634-1051 E-MAIL DROUJ@FRONTIERNET.NET September 1, 2009 BUS STOP SHELTER EASEMENT ALPINE VILLAGE P.U.D. A bus stop shelter easement situate in the south east 1/4 of the south west 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, over a portion of Alpine Village P.U.113., as shown on the official plat thereof, on file in the office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the 1/4 corner common to Sections 9 and 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, thence, N. 38' 34' 11" W., 869.37 feet to the south east corner Alpine Village P.U.D., as shown on the official plat thereof, on file in the office of the Recorder of Valley County, Idaho, thence, N. 00° 03' 08" E., 87.77 feet along the east boundary of said Alpine Village P.U.D, to the REAL POINT OF BEGINNING: Thence, N. 89° 64' 34" W., 10.00 feet, Thence, N. 00° 03' 08" E., 20.00 feet, Thence, S. 89" 54' 34" E., 10, 00 feet to east boundary of said Aspen Village, Thence, S. 00' 03' 08" W., 20.00 feet along said east boundary to the Point of Beginning, containing 200.0 square feet, more or less. Bearings are based on the plat of Alpine Village Condominium, Book 12 Page 17 of Plats. Exhibit A - Page 1 of 2 ALPINE VILLAGE CONDOMINIUM PHASE I N S 89°54'34" E a W 10.00' UA 00 ao w ON z O CC z 10.00' N 89`54'34" W SE corner Block 6 Vacated Lakeport Addto. WASHINGTON ST. 0' 30, 60' 90' City of McCall Bus Shelter Easement SE4 SW4 Sec, 9 N F- W _T_ l 8N, R.3 E, BM a Valley County, Idaho 0 w N O prepared by: a Orouiord Land Surveying o Sept. 1, 2009 1/4 Cor. brass cap S. 9 / S. 16 Exhibit A - Page 2 of 2